Mississippi  |  Family Law

Legal Question

Asked on: 2/03/13, 5:12 pm

Why is there law to protect spouses from testifying against each other and not one which protects parents from testifying against their children? What 5 states expanded husband wife privilege to include parents

1 Answer

Answered on: 7/11/13, 7:33 am by Timothy Matusheski

Spousal immunity bars one spouse from testifying about communications made to the other in confidence. The rule stemmed from the historical presumption that a defendant could not testify in his own behalf because of interest in the proceeding, and that because husband and wife were legally the same person, one spouse was incompetent to testify against the other. Since the same concept would not apply to parents, Mississippi does not extend the privilege to parents.

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Law Offices of Timothy J. Matusheski 708 Horton St New Smyrna Beach, FL 32169

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